THE QUEEN v. AMOS WILLIAM DAWE

THE QUEEN v. AMOS WILLIAM DAWE

Crown failed to prove beyond reasonable doubt that the 1974 allotment was a sham or that Dawe conspired with a separate co-conspirator; the Brunei cheque exchanges, being presented and honoured, amounted in law and commercial practice to payment and the assets in Memorandum D5 were of sufficient value to constitute consideration; no corrupt or dishonest intent proven as required for conspiracy, false statement or false accounting, therefore defendant acquitted on all counts.

Citation
THE QUEEN v. AMOS WILLIAM DAWE
Parties
Prosecutor: The Queen; Defendant: Amos William Dawe
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
26 November 1981
Case Number
DCCC116/1981
Procedural Posture
Criminal / Post Trial Judgment (verdict)
Outcome
Acquitted on all counts
Legal Topics
Conspiracy to Defraud, False Accounting, Publishing False Statement, Forgery, Jurisdiction, Burden of Proof, Admissibility of Affidavit Evidence
Source Language
EN
Criminal Law Company Law Commercial Fraud Evidence Extradition Conspiracy to Defraud False Accounting Publishing False Statement +4 more

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Parties

The Queen

Prosecutor

Amos William Dawe

Defendant

Procedural Posture

Criminal / Post Trial Judgment (verdict)

Legal Issues

  1. 1 Whether Hong Kong had jurisdiction to try conspiracy and related offences
  2. 2 Whether the 1974 allotment was paid in cash or was a sham
  3. 3 Whether assets valued in Memorandum D5 were transferred and of sufficient value

Ratio Decidendi

Crown failed to prove beyond reasonable doubt that the 1974 allotment was a sham or that Dawe conspired with a separate co-conspirator; the Brunei cheque exchanges, being presented and honoured, amounted in law and commercial practice to payment and the assets in Memorandum D5 were of sufficient value to constitute consideration; no corrupt or dishonest intent proven as required for conspiracy, false statement or false accounting, therefore defendant acquitted on all counts.

Court Disposition

Acquitted on all counts

Orders

  • Defendant Amos William Dawe acquitted of all four charges (conspiracy to defraud; publishing false statement s.21 Theft Ordinance; false accounting s.19 Theft Ordinance)